09-26-05 Council Meeting Minutes

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REGULAR MEETINGSEPTEMBER 26, 2005 NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a special exception be granted for the property located at 926 Blaine Street South Bend, IN 46616 In order to permit Seeking a special exception for a duplex SF2 SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Charlotte D. Pfeifer Member of the Common Council Councilmember Kuspa, Chairperson, Zoning & annexation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with an unfavorable recommendation. Mr. Don Fozo, C.B.O., Building Commissioner, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, gave Board of Zoning Appeals report. Mr. Fozo advised that the petitioner is seeking a Special Exception to allow a duplex in SF2, on Property located at 926 Blaine Avenue, zoned SF2. The Board of Zoning Appeals at its public hearing on August 18, 2005, sends this bill to the South Bend Common Council with no recommendation. Ms. Sara Williams, 1602 S. Michigan Street, South Bend, Indiana, made the presentation for this bill. 12